TaxTMI 
TaxTMI 
2026 (8) TMI 464
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....lication filed by the assessee seeking condonation of registration under section 12AB of the Income Tax Act, 1961 ("the Act"). 2. In this appeal, the assessee has raised the following grounds: - 2.1 The impugned order passed by the CIT (Exemptions) is bad in law and contrary to the facts and legal principles governing registration under section 12AB. 2.2 The Ld. CIT (Exemptions) has exceeded his jurisdiction by reviewing the validity of an earlier subsisting registration order passed under section 12AB(4). 2.3 The rejection order violates the principles of natural justice, as the submissions made and documents produced by the appellant were not duly considered. 2.4 The objectives and activities of the ....
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....order, rejected the said application on the basis that the assessee's earlier registration under section 12A(1)(ac)(i) of the Act was not properly granted, as the registration under the said section is only available to entities that held a subsisting registration under section 12A or section 12AA of the Act immediately before the migration to the new regime. The learned CIT(E) held that since the assessee's application for seeking registration under section 12A of the Act was rejected vide order dated 31/03/2021, the registration granted under section 12A(1)(ac)(i) of the Act was wrongly obtained and the assessee was never eligible to obtain the registration under the said section. Thus, it was held that since the earlier registration was ....
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....ee failed to respond to the notices issued seeking documentary evidence. As per the assessee, soon after the rejection, it filed the application for seeking registration in the new regime, which was granted on 15/11/2021 under section 12A(1)(ac)(i) of the Act for a period from assessment year 2022-23 to 2026-27. As the said registration was due to expire, the assessee filed an application in Form 10AB for renewal of the registration under section 12A(1)(ac)(ii) of the Act. However, the learned CIT(E) rejected the assessee's application on the basis that its earlier registration granted under section 12A(1)(ac)(i) of the Act was invalid, as the assessee was not holding any registration under section 12A, which is the primary requirement for ....
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....issioner shall,- (i) call for such documents or information from the trust or institution, or make such inquiry as he thinks necessary in order to satisfy himself about the occurrence or otherwise of any specified violation; (ii) pass an order in writing, cancelling the registration of such trust or institution, after affording a reasonable opportunity of being heard, for such previous year and all subsequent previous years, if he is satisfied that one or more specified violations have taken place; (iii) pass an order in writing, refusing to cancel the registration of such trust or institution, if he is not satisfied about the occurrence of one or more specified violations; (iv) forward a copy of the orde....
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....ed to in item (B) of sub-clause (i) of clause (b) of sub-section (1), and the order, direction or decree, by whatever name called, holding that such non-compliance has occurred, has either not been disputed or has attained finality (g) the application referred to in clause (ac) of sub-section (1) of section 12A contains false or incorrect information." 10. From the plain reading of the aforesaid provisions of section 12AB(4) of the Act, it is evident that only in a case where the occurrence of any one or more specified violations, as defined in the Explanation to section 12AB(4) of the Act, was noticed, or any reference was received from the Assessing Officer under 2nd proviso to section 143(3) of the Act, or where the case was ....